The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-17
a DOG CASE,
Amusing Trial in Which Some Remars-
able Law Was Produced.
From the Cincinnati ENQUIRE,

able Law Was Produced,
From the Cincinnati ENQUIRER
In the early history of this section of III.
West many incidents connected with tba
primitive administration and execution ~
law occurred which are worthy OF preserve.
ton The first Justice of the Peace !,
Milan, Ripley county. Ia had a pecnIiar
experience in the first trial before him
which was dog case. The plaintiff oWna5
a yellow dog which was killed by the do
PENDANT.
THE IRATE OWNER
Immediately went to Versailles, the countv
seat, to obtain lawyer to prosecute a claim
for damages Court not beng in session ali
the attorneys were off on the circuit excent
Stephen S. Harding, young man who was
afterward Governor of Idaho and Chief
Justice of Utah, whom the plaintiff employed
to bring ais suit. The defendant, hearing
that a lawyer had been secured by his on.
ponent, also repaired to Versailles. and not
finding any barrister, he retained Iudgs
Test, then a clerk in the Clerks office, wheTe
he spent his spare time i'll studying law
The appointed day for the contest came. and
the opposing counsel started for the scene Of
conflict together They found Justice sur.
rounded by his attendants and friends among
Revolutionary soldier. The case being called
for trial, the justice ordered the constabletO
read the law to the people, whereupon Can
tain Shook, with great dignity, read section
of
AN OLD INDIANA STATUTE,
which in substance provided: "A Justice Of
the peace shall have power to preserve order
by fine not exceeding Toe or by imprison
ment in the county Jail not to exceed
twenty-four hours, if there be a jail in the
county, otherwise in AN adjoining county
At the conclusion of the reading the JUS
tice put on his tin-,immed spectacles and re-
read the provision, emphasizing it with his
purpose to carry out the law. if the people.
who were there from long distance in their
hunting-shirts and homespuns, did not keep
order. and the lawyers WEI e also admoniShed
to beware of any infraction Mr.. Test arose
to argue q demurrer, and the justice wanted
to know what a demurrer was. Gov. Hard
ing had to come to the relief of Test with an
admission that the proceedings were regular
before the justice would allow Test to 20 on
The plaintiffs attorney supported his argu-
ment by quotation from an ancient copy
of Blackstone and the only law book in the
court The law was to the effect that dogs
were feri natlrd wild by nature, not sub
jects of larceny, therefore not property.
During this argument
THE JUSTICE GLANCED AT HARDING
in a severe way, as much as to say How
dare you bring any such suit in my
courtr'
Harding then stood up with fear and trem.
bling, and, under great embarrassment, tried
to answer Tests argument. Suddenly open
ing Blackstone he saw the date on the little
page was A D. 1928. Having a title
Imagination, with great emphasis be brought
this fact to the attention of the court say
ing that he was astonished that any lawyer
would use such an authority; that Black
stone contained the laws of England, to
overthrow which our forefathers had spent
their lives and their treasures; that the grin
ming skeletons upon the bloody fields OF Sara
toga, Cowpens and Utah Springs were pro
testing against that despotism which threat
ened our liberties. -
After this fight of fiery eloquence the JA
tice turned TO Mr. Test fierceiy and said:
The court will forgive you this time, but
if ever you do that again will fine you not
exceeding 75c. or send you to Jail for not ez-
ceeding twenty-four hours, if there be
Jail in the COUNTY. and if not, in the adloln'
ing county,
This settled the case, and a judgment
was given for SO, the estimated value OF tho
dog